Author: Tami Wloch

The holidays are a perfect time to show our love and appreciation for family, especially the older generations.  This season, when you are visiting with family, make sure to make this special time even more meaningful when you help them get important affairs in order.  Here are some of the most essential estate planning topics you should discuss in order to make sure they have the legal protection they need.

Make sure their will is in order

The most important thing you need to ask older family members is if they have a valid, signed will prepared.  If a person passes without a will, the state is left to decide what happens to their assets.  Even if they think they don’t have enough assets to matter, assure them that it does.  Also, make sure they choose a responsible estate executor to carry out the instructions in the will.  In the event that they prepared a will a long time ago, it is a good idea to review it with them to make sure they have nothing new to add or changes to make, and that the executor is still appropriate and able to meet the requirements of the role.

Talk about a POA for healthcare

There may come a time when your family member needs assistance making medical decisions. In this case, a properly executed power of attorney (POA) for healthcare can help to keep them safe. This POA can appoint a temporary guardian to help make important healthcare decisions for them if they become incapable of making them alone, due to an illness or injury.

Discuss the need for guardianship

Protecting our beloved family members gets even more crucial the older they get.  For example, there may come a time when an elder family member is no longer able to provide their own care. In that case, you or another family member may want to step in and seek legal custody.  Obtaining guardianship of an adult is a complex process with specific requirements.  It is always in the best interest of the adult if they are involved in the decision-making process, so family gatherings are a great opportunity to discuss their wishes.

Advise them on gifting strategies

Parents and grandparents may be looking to start distributing their assets now, while they can enjoy seeing them received.  This is especially true around the holidays.  But they need to understand that there are smart ways to gift in order to avoid issues like tax penalties.  Our attorneys can sit down with you and your family member and discuss important strategies to pass on assets in ways that benefit all involved parties.

Discuss succession planning for the family business 

Running a business is hard work. As the end of the year rolls around, older family members may be considering stepping away from the family business and letting the younger generations take over. However, this should be done only after careful planning.  There are many important issues to consider before transitioning leadership roles in order to keep the business running successfully. When the family is together this holiday season, make arrangements to meet with one of our experienced business attorneys to create a strategic exit strategy.

We can help finalize important details

Once you have opened these important discussions with your family members, you will likely need some assistance with the details. But even if you don’t have all of the answers, let them know that you will be there to support them and help them find the important information they need. Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been a trusted member of our community for over 100 years and can help you draft important estate documents, establish practical estate planning strategies, protect the family business and so much more. In fact, with attorneys who specialize in business law, estate planning, real estate law and litigation, we can provide the assistance you need to protect your family now and in the future.  Contact our office to schedule a consultation by calling 847-223-1500.

 

An annual report is a comprehensive report that contains detailed information about a company’s activities and financial performance over the prior year. In Illinois, all corporations, LLCs, nonprofits, religious corporations and LPs are required to file an annual report.  As so many companies are required to prepare and file one, business owners must be aware of some key information.

Purpose of an Annual Report

An annual report is mainly used to convey financial and performance information.  However, it can also be used as a kind of advertising tool, with the ability to highlight specific achievements or goals that were met over the previous year.  This report can benefit different people in different ways. For example, shareholders and potential investors can use this information to make informed investing decisions.  On the other hand, employees and customers can review the report to understand the core values of the company or to get a better picture of its future goals.

What is Included in an Annual Report

The details of an annual report can vary by state but generally include the following information:

• Business name and address
• Registered agent name and address
• State of formation
• Date of formation
• Information about the corporate officers or directors
• Financial information, including profits and losses, income statement, balance sheet, cash flow statement and anticipated revenues and expenses
• Description of business activities, highlights, new products or services, achievements and future objectives

When Does an Annual Report get Filed

Because of its name, you may think that an annual report always gets filed once a year. You may also assume that the due date would be the last day of the year. However, neither of those assumptions are true in every state.  In fact, only 2 states specify a filing deadline of December 31 (Minnesota and Pennsylvania).  Each state actually has its own requirements for filing dates, which can also vary by the type of business entity. For example, in the state of Illinois, companies must file yearly prior to the first day of the anniversary month of the business. On the other hand, the law in Wisconsin states that businesses must file yearly prior to the last day of the quarter that contains the formation month.  While many states do require an annual filing, others only require it every 2 years. Or in the case of Pennsylvania, every 10 years.

What Happens if a Company Does Not File on Time

It is the responsibility of the business owner to understand their state filing requirements and to file their annual report on time.  Failure to do so can subject the company to fines or other penalties.  Additionally, a late filing can affect a company’s good standing with the state.  This can lead to further complications such as the risk of losing your business license or even the right to do business in that state or others.

Given the fact that filing an annual report can have such an impact on business operations, it is essential to complete it accurately and on time.  Churchill, Quinn, Hamilton & Van Donselaar, Ltd provides important legal support to our business clients, including assistance with preparing annual reports and other ongoing required documents to ensure that their business remains active without interruption. Our extensive experience in business law can help keep your company legally protected as you achieve your business goals.  Contact our Grayslake office to learn more by calling 847-223-1500.

One of the most important tasks in preparing an estate plan is naming a responsible estate executor to carry out the final wishes set forth in the will.  It is an honor to be asked to perform these duties for a loved one. After all, this means that they trust you to follow their instructions and distribute their assets as they see fit. However, the job can also have some unexpected drawbacks. Without question, you should consider these carefully before accepting the responsibility.

Time commitment

Being an estate executor can be a big job. Although most people understand that to some extent, they might not truly grasp how big of a time commitment it actually is.  Settling an estate involves organizing the estate documents, filing the will with the court, notifying all appropriate parties, taking inventory and determining the value of any assets, paying any debts or taxes owed by the estate and distributing the assets to the beneficiaries.

This can take many months to complete. In fact, in most instances an estate executor should expect to devote a year or more, depending on the size of the estate. Some of the tasks can be passed off to professionals to handle. And you can be compensated out of the estate’s assets for the time you do spend on the job.  But you should consider your other commitments before deciding if you can take on these added responsibilities.

Disputes are common

The death of a loved one can bring out the worst in people. And unfortunately, the estate executor often is the one who has to deal with it.  For instance, a beneficiary may feel that they are entitled to more than what was specified in the will.  But the executor’s job is to carry out the wishes of the deceased. They may also need to interpret the meaning of a direction in the will that others may disagree with.  Additionally, there are sometimes multiple executors named in the will. This can lead to disputes when the parties disagree with one another and can sometimes even require a court intervention.

An Estate executor can get sued

You might think that a person who voluntarily assumes the role of an estate executor would not be subject to legal action. Unfortunately, that is not the case. There are certain tasks that an estate executor is expected to complete. If a beneficiary feels the executor is not doing their job well, they can file a lawsuit against them for breach of fiduciary duty.  The reasons for the lawsuit might include such violations as not properly managing the estate’s assets, failing to pay the appropriate taxes, failing to provide proper financial information to the beneficiaries, or even showing favoritism to one beneficiary over another.

Even small estates can be complex

Those who take on the role of an estate executor thinking a simple estate will be an easy job can also be in for a surprise.  This is because complications can arise with even the smallest of estates. Of course, that is not always the case. And those who are lucky can get through the entire process without any major issues. But the more likely scenario is that somewhere along the way you will need some assistance.

Settling an estate can have many moving parts. In order to ensure that all laws are followed and the estate is settled properly, many estate executors will enlist the assistance of an experienced estate attorney like those at Churchill, Quinn, Hamilton & Van Donselaar, Ltd.  Our firm has represented our community for over 100 years. Estate law is one of our specialties. This means that we can help you prepare your own estate for your heirs, plus assist with preparing important documents such as wills, living wills, trusts, powers of attorney and more. And if you are serving as an estate executor, we can help you navigate the complex process and relieve some stress of the responsibility.  Contact our Grayslake office at 847-223-1500 to learn more.

Injuries that occur on the job are common. But filing a workers’ compensation claim for a job injury is not always straightforward. And unfortunately, a claim that is not submitted or processed properly can result in a denial of benefits. Working with an attorney who is experienced in job injury claims can help in the following ways:

Organizing Medical Evidence

A job injury claim must be accompanied by appropriate evidence to support the claim. In fact, lack of sufficient evidence is one of the main reasons this type of claim will get denied. But understanding what qualifies as appropriate supporting evidence is not always easy.  Medical records can be confusing and there may be multiple medical providers involved.

A qualified attorney can help you gather the right medical records in order to present a strong case. Additionally, they can speak with the appropriate medical providers in order to gain a clearer understanding of the injuries and follow-up care that will be required. To further support your case, they might investigate with coworkers or other experts to prove that the fault lies with the employer.

Negotiating a Job Injury Settlement

A settlement offer should be thoroughly negotiated with careful consideration of all factors involved. Insurance companies will typically try to understate the severity of a job injury claim and make an initial settlement offer that is much lower than is reasonable.

Your attorney is there to represent your best interests and negotiate the highest award possible. In this respect, they will consider important factors such as the full extent of your current injuries as well as how they could limit your abilities in the future. Also, they must analyze how your injury will impact your current and future potential earnings, especially if it is a long-term or permanent disability. An experienced attorney can be much more effective at successfully negotiating a settlement than trying to navigate this process on your own.

Representing You in Court

If you are not able to reach a fair settlement, you will need an experienced attorney to represent you in court.  Escalating your case through the court system is not something you should take on alone.  There are specific rules and procedures that must be followed in court. With this in mind, it is most effective to work with an attorney who is familiar with court proceedings. They can complete the proper discovery work ahead of time, present your case in court, examine witnesses, and truly represent you in the best way possible in order to reach a successful outcome.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., our experienced attorneys understand the seriousness of a job injury claim.  We will help you throughout the entire process to reach the most equitable settlement possible. Additionally, we are proficient in and out of the courtroom, and can help escalate your case through an appeal if necessary.  Contact our Grayslake office at 847-223-1500 to learn more or to schedule a consultation.

A business loan can be a very important resource for business owners. These types of loans are often used to obtain necessary funds to open or expand a business. But while business loans are typically easy to find, they are not always easy to qualify for. Unfortunately, many business owners lack proper understanding of the loan process. Therefore, they are often not properly prepared when they submit their application.  Here are some common reasons for getting denied for a business loan, along with ways to overcome these challenges.

Poor credit history

One of the most important qualifiers a bank uses when evaluating a business loan application is the borrower’s credit history.  They look at a number of factors, often paying particular attention to the overall credit score and payment history on both open and past accounts. Additionally, they can look at how long accounts have been established, current balances, collection accounts and more.

It is important to note that banks can deny a business loan application based on the credit history of the business as well as the borrower’s personal credit history. Therefore, it is important to check your own credit before applying. This way, you can clear up any collections and get any inaccuracies corrected before a bank pulls your credit report.

Disorganization

Securing a business loan approval takes a lot of organization. Lenders will require a lot of details and documents regarding your business. They need this information in order to assess your level of risk and determine if a loan is a reasonable investment.  Therefore, it is very important to spend the time gathering what is required, no matter how much effort it takes.

Before submitting the loan application, make sure to track down each and every bank statement, tax document, business license and any other document the bank asks to see.  Additionally, prepare a thorough business plan which details exactly what you want the money for. Getting yourself organized and preparing a complete application package could mean the difference between an approval and a denial.

Limited cash flow

Cash flow is the measure of how much cash you have on hand to pay back a loan. In simple terms, it is what is left after you pay all of your normal daily business expenses. Sufficient cash flow shows that your business brings in enough money to cover the costs of any current debt your business has in addition to the cost of a new loan.  For this reason, cash flow is usually one of the first things a lender looks at when determining a business’ eligibility for a loan.

There are a few ways to improve your cash flow picture, and therefore increase your chances of getting a business loan approval. First, you can increase your net income. Second, you can try to decrease your business expenses. The third, and most common, solution is a combination of these two. New businesses, and businesses looking for funds to expand their operations, will need to rely on estimated cash flow projections. Without a financial history, these projections need to be as reasonable and accurate as possible.

Not understanding the complex small business loan process

The process of applying for a business loan can be quite confusing and overwhelming to small business owners. To this end, many loans get denied simply because the applicant did not follow the correct procedures. The solution to this common challenge is to work with an experienced attorney who understands the business loan application and approval processes.  For example, our attorneys have assisted business clients of all sizes obtain the financing they need through our decades of experience navigating the complicated procedures.  We can help you analyze the many available programs to determine the best possible options. And we can provide valuable guidance for proper preparation before applying.  Additionally, we can assist with thoroughly reviewing the application before submission. In the event of a denial, we can suggest possible alternative funding options.

Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd at 847-223-1500 to learn more about our comprehensive legal services for businesses or to schedule an initial consultation.

When it comes to estate planning, many people choose to take matters into their own hands, rather than working with an experienced estate planning attorney.  One reason for this may be the misconception that any estate document can be readily found online, with easy fill-in-the-blank formats. Another common occurrence is that people forgo estate planning altogether, believing that it is not necessary or that they are not wealthy enough to warrant any in-depth planning.

Unfortunately, this leads to many people not being properly prepared while they are living, or leaving loved ones in a tricky situation after they pass.  Whatever your age or income level, it is so important to have certain estate documents prepared properly by a professional.  Working with an experienced estate attorney can provide the following important advantages:

Important Estate Documents are Customized

It’s true that you can find just about anything online, including wills, powers of attorney and more.  But DIY forms are just not appropriate for something as important as estate documents. These standard forms are meant to be widely universal and therefore do not take into account your personal needs. When you work with one of our estate planning attorneys, they will make sure your plan takes into account your individual needs and concerns, based on your age, your plans for your assets now and in the future, your family structure and your wishes for after you pass.

Legal Compliance

In matters of wills and estate distribution, documents that are not legally compliant can cause so much extra time, expense and frustration to loved ones that are trying to settle an estate.  If a document such as a will has not been prepared or executed properly, it can leave the door open for people to contest it, causing delays in the distribution of assets to heirs, and possibly preventing a person’s final wishes to be carried out as they had intended.  Working with an experienced attorney who is well-versed in the appropriate laws will bring you peace of mind that your estate will be in order when the time comes.

Estate Documents Change as your Life Changes

As previously mentioned, standard DIY forms are made to generally accommodate everyone (which actually makes them not very good for anyone).  Each person is different. And even individual estate plans will change over time as life circumstances change.  As you go through the stages of life, such as moving out on your own, marriage, starting a family, starting or selling a business, retiring and planning for the end, your estate plan should be modified to meet each new demand.  Your attorney can help guide you through these changes and make practical recommendations based on their experience.

Expert Legal Advice when Making Decisions

Estate planning decisions are not always straightforward.  In fact, these decisions can be rather complex at times based on your individual needs.  The wrong decision can have unintended consequences so it is always best to work with an attorney who has solid experience in this area of law.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will perform a thorough review of your assets, your goals and your intentions for your beneficiaries and will develop an estate plan based on your individual circumstances. Contact our Grayslake office at 847-223-1500 for information and to schedule a consultation.

Eminent domain refers to the fundamental power of the government to take real estate owned by a private person for a public use, without the owner’s consent or agreement.  As a property owner, the last thing you probably want to hear is that you are losing your property against your will.  But can you actually stop it from happening?  Here are some important ways to protect your rights and your property if you find yourself in this predicament.

Learn the Definition of Eminent Domain

Can the government really just take your land without your consent?  Yes, they can.  The law of eminent domain, which is also known as condemnation, gives the government the power to acquire all or part of a private property for a public purpose after paying appropriate compensation to the property owner. This payment is intended to cover the actual property that is taken, or damage that results to any part of the property that is not taken.

Most government entities, including cities, counties or state agencies, can exercise the power of eminent domain.  Some examples of projects where it might be appropriate include the construction of roads, parks, railroads, schools, municipal buildings or power lines.

Understand the Eminent Domain Process

Typically, the eminent domain process follows a standard sequence of events.  Once a government agency determines there is a need to implement eminent domain, they must send written notice to the owner of their intent.  In this notice, they should include a legal description of the property or parcel they intend to acquire as well as their offer of compensation.  Additionally, they should explain their reasoning in determining the offer and include the time period in which the owner must accept the offer or continue with negotiations.

If the parties are unable to reach an agreement, the government agency must file a complaint in the county in which the property is located in order to escalate the process.  This process will then continue with negotiations between attorneys, with each side gathering and presenting evidence to support their assertion of fair compensation. If a trial is necessary, a judge or jury will make the final determination of just compensation based on the evidence presented to them.

Know your Rights as a Property Owner

It is important to understand that you do have rights when it comes to your own property.  In this respect, the government cannot simply take over your land or home without just cause.  As previously stated, an eminent domain action can only be initiated out of public necessity or public purpose. This means that the government must have an appropriate reason to claim your land.  Additionally, property owners are entitled to fair compensation. This compensation should be based on the fair market value of your home and land, and could also include allowances for relocation, lost work or other factors. You do not have to accept the first offer made if you do not feel that it is fair.

Work With a Trusted Attorney

The most common question a property owner usually has is whether they even stand a chance against the government in the case of an eminent domain situation.  At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we want you to understand that you are not powerless. Our team is dedicated to helping you navigate this process and achieve the best possible outcome.  In occasional instances, it can be argued successfully that the government lacks an adequate public purpose for taking your property or that they are attempting to take more land than is necessary.  If there is an appropriate legal claim, we can work to ensure you receive the highest compensation you deserve for your property.  If you have received a notice of eminent domain, contact our office at 847-223-1500 to schedule a consultation and learn what your next steps should be.

The construction industry is a prime target for legal action.  Disputes commonly arise and can be time-consuming, expensive and can affect the reputation of those involved.  Working with an experienced attorney who is well-versed in construction law can help successfully resolve disputes in the following common scenarios:

Contract Disputes

Contract disputes are very common within the construction industry and arise when there are disagreements between the parties on the contract.  In these instances, there is an actual or perceived violation of terms set forth in the construction contract. This could be due to a misunderstanding of the terms or conditions of the contract, or terms that were not properly negotiated up-front.  Your attorney should oversee contract negotiations and point out potentially problematic issues from the beginning to avoid issues down the line.

Mechanic’s Liens

A mechanic’s lien is a guarantee of payment to builders, contractors and construction firms, as well as suppliers and subcontractors.  Mechanic’s lien laws provide construction businesses with an interest in the improved property in order to secure payment for their services. However, taking advantage of these laws can be very difficult.  The steps that are necessary to perfect a lien are technical and must be followed with the utmost accuracy.  Our experience and understanding of Illinois mechanic’s lien law has been essential in perfecting and enforcing mechanic’s lien rights for thousands of past clients.

Timeline Disputes

Creating an accurate timeline for a construction project can be a challenging task.  Unfortunately, projects do not always go as planned and extra time is sometimes required to get it properly completed.  Disputes can quickly arise, as additional time typically means increased cost as well as possible logistical issues for the client.  The more significant the delays, the more likely it is that a legal dispute will become an issue.  While some delays are unavoidable or unforeseeable, our attorneys will help to refine upfront timeline planning, as well as negotiate a fair resolution if a contracted timeline is violated.

Construction Defects

Construction defects can result in serious claims, as they can threaten the safety of the structure or its occupants.  A construction defect is typically classified as a failure of a building system or a component that can cause extensive property damage and serious personal injury. Examples of this might be a foundation defect or other structural issues, electrical systems, drywall, plumbing or other code violations.  Construction professionals accused of negligence must understand the serious nature of the claim and the need for competent legal representation.

The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd have extensive experience with litigation related to the construction industry.  We represent clients in the industry including general contractors, subcontractors, materials suppliers, owners, builders and financial institutions in disputes related to construction in all stages of construction projects.  Right from the start, we will assist with the drafting of contracts, supply agreements, credit applications and more. And if a dispute should arise during the process, we will provide representation in and out of the courtroom in order to bring your project to completion.  Contact us at 847-223-1500 for further information.

When starting a new business, or growing your existing business, one of the most important things you’ll need to do is determine the appropriate business structure.  It is a crucial part of establishing the future path of your business.  So do your research, consult with an experienced attorney and choose wisely!

Common Business Structure Options

Before learning the reasons why the right choice of business structure matters, it is important to understand what options are available.  The most common types of business structures are the following:

• Sole proprietorship – a good choice if you plan on running a small business on your own. It is fairly easy and inexpensive to establish this business structure meant for one owner.
• Partnership – this structure involves two or more individuals who each contribute to the business and who share in the profits and losses of the company. You can consider a general partnership, limited partnership or joint venture, based on the roles or commitment each partner wants to assume.
• Limited liability company – also known as an LLC, this entity is a kind of hybrid structure that combines the benefits of a corporation or partnership while removing the personal liability factor.
• Corporation – an independent entity, separate from its owners. This is more complex and expensive than other business structures, but is a good choice if you have plans to take the company public or sell it.

These are not the only business structure choices available and you may find that a different option is best for your business.  It is always best to consult one of our experienced attorneys on important business formation matters like this.

What Factors are Affected by a Business Structure

The business structure you choose can affect many different aspects of your business formation and operations. Some of the most important ways include the following:

• Taxes – the process of filing taxes differs depending on the business structure you choose. For example, in a sole proprietorship filing taxes is relatively easy with profits and losses being reported on the owner’s personal tax forms.  Partnerships and LLC’s also benefit from pass-through taxation to owners’ personal income taxes, with business losses often balancing out other earned income.  Corporations, on the other hand, require separate filing of business tax returns.  They do, however, have other tax advantages such as the ability to claim a variety of deductions for business expenses, benefits paid to employees and more.
• Risk – different business structures come with varying levels of risk. For example, with a sole proprietorship or partnership, the owners assume all financial liability and their personal assets are at risk if the business fails or faces legal issues.  Conversely, an LLC keeps personal assets protected from business activities. Business owners are protected from personal liability if the business incurs excessive debt, thereby reducing a large risk component.
• Capital investment – if future growth using outside funding is a priority, you need to make sure the business structure you choose allows for the ability to easily raise capital from investors. Many investors find corporations to be the most attractive option due to the ability to sell stock and the high level of liability protection.  Other business structures may not offer as many advantages to investors, so if investment financing is an important business goal you should select the entity that best aligns with those goals.

Our Attorneys Will Help You Make the Right Choice

Starting a business is a serious commitment so take the necessary steps to ensure its success right from the start.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd have decades of experience helping small business owners protect their business while achieving their goals.  We can assist in all important legal matters for your business, including selecting the right business structure, obtaining licenses, drafting company contracts, employee non-disclosure agreements and so much more.  Contact us at 847-223-1500 to learn more or to schedule a consultation.

These days many real estate transactions go quickly, with real estate agents simply filling in spaces on a standard sales contract when making an offer.  Buyers or sellers may be tempted to forgo an attorney, under the assumption that the rest of the transaction will go smoothly.  People may mistakenly believe that working with a real estate agent is sufficient to complete the purchase.  However, relying on an agent alone is not the best move.  Legal questions can arise at any time and your agent may not have the correct answers, especially if the purchase is atypical in any way.  For instance, some transactions are more complex and may involve multiple parties, unusual contract terms, specific probate laws, extra requirements due to inspections, etc.  In most instances, a qualified real estate attorney is the best way to protect your interests and your investment.

When to consult a real estate attorney

A real estate attorney should be consulted when there is any question about the complexity of the transaction.  The following are examples of specific times that a buyer or seller should have an experienced attorney on their side.

• The property is part of an estate sale
• The property is in some state of distress
• It is a commercial property
• The sale is part of a divorce settlement
• It is an investment property (especially when tenants are involved)
• The property is in foreclosure
• The property is cooperative housing, also known as a “co-op”
• If the property is in a flood zone or other problematic area
• If there are any unusual arrangements between the buyer and seller
• You’re buying or selling a property “by owner”

The above scenarios are still not a complete list of the possible situations in which a real estate attorney should be consulted.  The fact is, a real estate transaction can present legal issues at any point along the way, even in those that seem very straightforward.

What a real estate attorney will do

The most important reason to work with an attorney when buying or selling a home is to protect your interests throughout a major financial transaction. At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, our experienced attorneys will guide you through the process, from the initial sales contract to the closing and beyond if necessary.  We will assist with valuable contract negotiations (including important contingency clauses), negotiate home inspection repairs, help to clear up any issues with the title, assist at the closing to ensure the accuracy of all documents and provide representation if there are any unresolved compliance issues.  And more importantly, we provide personalized, hands-on service, with an actual attorney, not just an assistant, involved in every step of the process.  Contact us at 847-223-1500 as early in the process as possible for the best legal representation when buying or selling a home.

Many people think that estate planning is something to start thinking about only after getting older or once you have accumulated a lot of assets.  But the truth is, smart estate planning starts when you are young.  There are many ways to protect your assets, establish a plan for your future estate, as well as protect your own interests while you are still living.  And the best plans are those that begin now.  Here are smart tips for getting your estate in order, no matter what your age may be.

Starting at age 18

As soon as you turn 18 you become a legal adult, which means legal decisions regarding healthcare and finances are now your responsibility.  Since your parents cannot help without your written consent, it is important to have an attorney prepare some key documents, especially before heading off to college.

• Power of attorney – designates someone to make healthcare or financial decisions for you if you cannot
• Living will – document specifies which healthcare procedures they do or do not want if they were to become terminally ill or in a vegetative state.

 In your 20s – 30s

As you get older, you will likely begin to accumulate more assets.  Additionally, this is typically the time that people start to grow their families.  Estate planning in these years could include the following

• Prepare a will – this essential document designates how to distribute your assets if you pass, as well as who should take legal responsibility for your children if necessary. You will specify an executor, who is a responsible person that you trust to carry out the directives in your will.  Without a will, the courts will make these important decisions on your behalf.
• Set up a trust – this is a legal agreement in which a trustee holds the rights to a portion of your assets, which will eventually be distributed to its beneficiary. There are many different types of trusts, each with their own benefits. Your attorney can help you decide which trust will provide the best of asset protection for you and your heirs.

In your 40s and beyond

As you get older, it is a good idea to continually review the estate planning documents you have in place and revise as necessary.  Additionally, this is the perfect time to talk to your parents to make sure they have completed their estate documents. Make sure you understand their wishes and directives, especially if you have been named as the executor of their estate.

Estate planning at every age

No matter your age, the qualified attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd can guide you through each stage in your life and help to ensure you have the proper legal protection in place for you and your loved ones.  We have been counseling our clients for decades and are dedicated to providing the individualized attention your family needs.  Contact our Grayslake office at 847-223-1500 to learn more or to schedule a consultation.

Of all places, one might think a church would be relatively safe from legal issues.  But unfortunately, a place of worship is not immune from lawsuits or other legal concerns.  Abuse claims are the number one reason for litigation against a church, but there other less common types of legal claims they need to be aware of. Here are a few that can definitely require the help of an attorney to settle.

Personal injury

Accidents and injuries can happen anywhere, even at church or a church-sponsored event.  Wet or uneven floors, unstable steps, lack of safety railings, or snow and ice can all be safety hazards that can lead to a damaging fall, especially by older members of a congregation.  Even injuries that don’t occur on their property, such as an accident in a vehicle driven by a church employee for an official function, can present liability issues.

Misuse of church funds

In a church environment, the opportunity exists for misappropriation of funds, which can lead to legal issues. There have been many cases of embezzlement by church treasurers, for example, which is a very serious crime with serious penalties. Other issues could arise from improperly executed fundraising methods that can risk a church’s tax exemption status.  A good attorney will work with church leaders to establish clear internal processes to safeguard funds. Additionally, they can review the legality of new fundraising options to ensure compliance with applicable tax laws.

Defamation of character

A pastor is an important spiritual and emotional leader of their church and their reputation is vital for maintaining its integrity. If another person or organization slanders a pastor’s good name, it can lead to a breakdown of trust which can affect congregation opinions and attendance, as well as cause serious emotional distress. False statements made with the intent of defaming the character of a religious leader can cause substantial harm to the church’s operations, and therefore legal action may be necessary to repair the damage.

It is important for church leaders to understand that their place of worship is subject to the same legal risks as any other business. In addition to the previously mentioned concerns, an experienced attorney is essential in helping to navigate legal issues regarding employment laws, tax concerns, property disputes, insurance claims and more.  At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we have proven experience successfully representing clients involving church and ecclesiastical matters.  Our attorneys understand the needs of our faith-based clients and are committed to supporting their organizations with the highest standards and integrity.  Contact us at 847-223-1500 to schedule a consultation in our Grayslake office.

The death of a loved one is often an extremely difficult time.  Working through all of the necessary details, coupled with the added stress of dealing with the probate process, can be overwhelming for many.  It’s very common for an estate to go through probate, the court-supervised process by which property is passed from a decedent (someone who has died) to the people who are entitled to inherit it. But while probate is common, it can be daunting for someone who’s never been through it before. There are, however, a few things you can do to make the probate process easier.

Educate yourself on the basics of the probate process

It’s always easier to accomplish a task when you understand it. Familiarizing yourself with how probate works should help you to navigate the process more easily.  In general, the court names an executor, or administrator, of the estate which may be stated in the will or assigned by the court if there is no will. It is then the responsibility of the executor to carry out the probate process. Their important duties include tasks like filing appropriate court documents, assessing and distributing the estate’s assets and paying any debts or taxes owed on the estate. If you have been named as an executor, it is essential to speak with an attorney to review the process in detail.

Plan ahead

The probate process can be made much easier for your loved ones if you plan ahead.  In that respect, one of the most important things you can do while you are living is to prepare a will.  This important document will detail your specific wishes regarding the settlement and distribution of your estate and will allow you to name a responsible executor that you trust to carry out those wishes appropriately.  On the other hand, if you pass away without a will the state will decide how things get distributed.

Additional ways to make probate easier would be to designate a beneficiary on your accounts, or create a trust that will directly pass certain assets or property to a specific beneficiary without probate.  In addition to preparing your own estate, it is also wise to speak with family members to make sure they also have a plan in place, especially if you are to be tasked with carrying out their wishes.

Work with an experienced probate attorney

Working with a qualified attorney, like the team at Churchill, Quinn, Hamilton & Van Donselaar, Ltd., can make a big difference in navigating the probate process.  In terms of your own assets, an attorney can help you prepare your estate for your heirs through smart will preparation, setting up a trust, establishing joint ownership of assets and more.  Each person’s situation is different and our attorneys will help prepare a personalized estate plan that meets your individual needs.

Our attorneys also provide valuable guidance for executors and others involved in completing the probate process following the death of a loved one.  It can be a complex process and many questions will likely arise along the way.  Our decades of experience will help to ensure your peace of mind throughout this difficult time.  Contact us at 847-223-1500 to learn more or to schedule a consultation.

A merger or acquisition can be an exciting time for a business and can provide benefits to both the buyer and the seller.  However, it can also pose some serious concerns to employees of either company.  In order to keep peace in the workplace during this time, make sure to prepare to answer important questions from your employees, like the following.

Common Employee Questions About a Merger

1. Will my position be eliminated?
2. If I lose my job, will there be a severance package?
3. Will my compensation or benefits change?
4. Who will I report to?
5. Will my responsibilities change?
6. Will I need to relocate?
7. What is the reason for the merger?
8. What will the new organizational structure look like?
9. What will the new company culture be like?
10. What effect will this have on our customers?

A Merger is a Challenging Time for Employees

Communication is key when it comes to preparing employees for a merger or acquisition.  The more informed they are, the more at ease they will be. And while some answers will be straightforward, others will require more thought. Additionally, it’s important to be empathetic and try to remember what they are going through.  Job insecurity can be extremely stressful, which can affect work performance.  So the more you can do to ease their fears, the smoother the transition will go.  Above all, it is important to answer questions as honestly as possible, and as quickly as possible, in order to avoid negative rumors from spreading and affecting company morale.

The best way to ensure you provide employees with accurate information is to be prepared yourself.  An experienced attorney will play an important role throughout the merger or acquisition. At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, our mergers and acquisitions attorneys represent our clients as skilled advisers, mediators and negotiators throughout the process.  This type of transaction can be very complex, and we are dedicated to providing strategic legal guidance through the closing.  Contact us at 847-223-1500 to learn more or to schedule a consultation.

The decision to become a legal guardian to an adult should be done with careful consideration.  It is a big responsibility to assume the care of another person’s estate, finances and overall well-being. Therefore, you should make sure you understand what is involved before starting the process. The following information can be used as a starting point in your research. As a next step, our experienced attorneys can help you understand how to navigate the legal process of obtaining guardianship in the state of Illinois.

Basic Guardian Requirements

In order to become a legal guardian in Illinois, you must meet certain basic criteria.

• Must be at least 18 years of age
• Must be a United States resident
• Must be physically able to provide proper care
• Must have full mental capacity to think, reason and make decisions
• Must not have been convicted of a serious crime

Types of Guardianship

The legal rights and responsibilities of a guardian in Illinois can be structured differently, in order to best meet the needs of those involved.

• Limited guardian – the court grants limited power to the guardian to make specific decisions about personal care or finances. This type of guardianship is often used when the person is still capable of making some decisions on their own.
• Plenary guardian – the court grants full decision-making responsibilities regarding personal care, finances and estate matters. This guardianship is applied when the person’s mental or physical limitations prohibit their ability to make these important decisions.
• Temporary guardian – in cases where immediate action is necessary due to safety concerns, a court can grant temporary guardianship to last up to 60 days while the final legal proceedings are being completed.

The fact that a person is elderly or disabled in some way is not cause in itself to require another person to assume guardianship over them.  A court must first evaluate and establish that need, then determine the extent of guardianship that is necessary.  Becoming a guardian is a complex process that requires sound legal assistance from a qualified attorney.  At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we have represented people at all stages of the guardianship process. Our expert guidance throughout every step will help to ensure the best outcome for all involved.  Contact us at 847-223-1500 to schedule a consultation.

Having a judge rule against you in a court of law is never a desired outcome.  However, a judge’s decision does not always have to be final, and there are sometimes ways to appeal the decision and try to obtain a ruling in your favor.  An appeal is a request for a higher court to review your case and reverse the decision.  It is a complex process, so keep in mind the following strategies to improve your odds of a favorable outcome.

Hire an Experienced Attorney

The first, and most important, thing you should do when faced with an unsuccessful court case is to contact the right attorney.  In this case, an effective attorney is one who has proven appeals experience and knows how to successfully litigate an appeal in court.  The process of appealing a case is very complicated.  Thus, the better prepared your attorney is, and the more experience they have in applying the right strategies throughout the process, the more likely your chance is of winning your appeal.

Determine your Grounds for Appeal

You cannot file an appeal simply because you do not like the decision of the court. There must be a valid basis for the appeal that alleges a legal mistake was made during the original court proceedings.  Acceptable grounds for appeal include:

• Legal errors made by the judge in the original case
• Evidence in the case that did not support the verdict
• An unfair trial
• Ineffective counsel by your attorney

Pay Attention to the Details

Accuracy and punctuality are necessary for success in any court case.  But when it comes to the complex process of an appeal, these details become even more important.  There are many specific rules that need to be followed throughout the appeals process.  Additionally, there are many legal documents that need to be prepared and filed along the way, along with numerous deadlines that must be strictly adhered to.  A mistake on any of the complicated court forms or a missed deadline can get the case dismissed.

Understand the Possible Outcomes

After the appellate court judges have completed their review, they can make the following decisions:

• Affirm – The court agrees with and upholds the decision of the lower court
• Reverse – The court disagrees with the lower court’s decision, and the appeal is won
• Remand – The court sends the case back to the lower court to consider new evidence or hold a new trial
• Reverse and Remand – The court disagrees with what happened in the lower court and sends it back to be corrected

An appeal is not a new trial and it is not an opportunity to present new evidence or witnesses.  But if you feel like the court’s decision was legally incorrect, it is worth it to explore the possibility of having the facts of your case reviewed again.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd have proven experience navigating the complexities and nuances of a successful appeal, and have represented clients at all levels of Illinois appellate courts and up to the United States Supreme Court.  Contact our Grayslake office at 847-223-1500 for information about the appeal process or to schedule a consultation.

Additional information can be referenced here https://www.isba.org/ibj/2013/07/tentipstoimproveyourcaseonappeal